June 30, 2000
Volume 6 -- Number 103

What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink.

This Issue (IN THIS ORDER):
 
04 New Opinion(s) from the Tennessee Supreme Court
01 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
02 New Opinion(s) from the Tennessee Court of Appeals
00 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Opinion(s) from the Tennessee Attorney General (PDF format)
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility
 

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Lucian T. Pera
Editor-in-Chief, TBALink

STATE OF TENNESSEE  v.  JOHN ADAMS and RITA ADAMS

Court:TSC

Attorneys:

Robert C. Brooks, Memphis, Tennessee, for the appellant John Adams;
Walker Gwinn, Memphis, Tennessee, for the appellant, Rita Adams.

Paul G. Summers, Attorney General and Reporter; Michael C. Moore,
Solicitor General; Peter Coughlan, Assistant Attorney General,
Nashville, Tennessee, for the appellee, State of Tennessee.

Judge: BARKER

First Paragraph:

We granted this appeal to decide whether a jury must unanimously agree
as to the particular serious bodily injury used to support a
conviction for aggravated child abuse through neglect.  The trial
court held that aggravated child abuse through neglect is a single,
continuing course of conduct, and that the State was not required,
therefore, to make an election of offenses.  On direct appeal, the
Court of Criminal Appeals affirmed the appellants' conviction and
sentence for aggravated child abuse through neglect, and the
appellants requested permission to appeal to this Court.  After
careful analysis of the statute proscribing aggravated child abuse
through neglect and a review of other relevant statutory and case
authority, we hold that because aggravated child abuse through neglect
is a continuing offense, no election is required.  The judgment of the
Court of Criminal Appeals upholding the appellants' convictions and
sentences is affirmed.

http://www.tba.org/tba_files/TSC/adamsj.wpd


GREY GRAVES v. COCKE COUNTY, TENNESSEE and COCKE COUNTY SCHOOLS Court:TSC Attorneys: Gerald L. Gulley, Jr. and Elizabeth A. Townsend, Knoxville, Tennessee, for defendants-appellants, Cocke County, Tennessee and Cocke County Schools. Gordon Ball, Knoxville, Tennessee, for plaintiff-appellee, Grey Graves. Judge: DROWOTA First Paragraph: This workers' compensation appeal presents two issues for review. The first is whether an employer is entitled to a credit under Tenn. Code Ann. S 50-6-112 for future medical payments made on behalf of an employee when the employer and employee settle their workers' compensation suit for a lump sum award. The second issue is whether the made whole doctrine applies to workers' compensation cases. For the reasons explained hereafter, we answer both questions in the negative. Accordingly, the trial court is affirmed. http://www.tba.org/tba_files/TSC/graves.wpd
STATE OF TENNESSEE v. JAMES C. NICHOLS Court:TSC Attorneys: Jeffrey A. Devasher, Assistant Public Defender, Robert M. Robinson, Assistant Public Defender, Mary Griffin, Assistant Public Defender, for the appellant, James C. Nichols. Paul G. Summers, Attorney General and Reporter, Michael Moore, Solicitor General, Elizabeth B. Marney, Assistant Attorney General, Victor S. Johnson, III, District Attorney General, Nicholas D. Bailey, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: BIRCH First Paragraph: We granted this appeal to determine whether the jury instruction given pursuant to a previous version of Tenn. Code Ann. S 40-35-201(b) during the guilt phase of the trial of James C. Nichols, the defendant, violated his due process rights under the Fourteenth Amendment to the United States Constitution and under Article I, S 8 of the Tennessee Constitution. We consider also whether the evidence is sufficient, as a matter of law, to support Nichols's conviction for first degree murder. We hold that the jury instruction given is constitutional. Thus, Nichols's due process rights were not violated. Additionally, we conclude that the evidence is sufficient to support Nichols's conviction for first degree murder. The judgment of the Court of Criminal Appeals is, therefore, affirmed. http://www.tba.org/tba_files/TSC/Nicholsj.wpd
STATE OF TENNESSEE v. DONALD RAY SMITH Court:TSC Attorneys: Paul G. Summers, Attorney General & Reporter; Michael E. Moore, Solicitor General; Daryl J. Brand, Associate Solicitor General, Nashville, Tennessee, for the appellant, State of Tennessee. W. Jeffery Fagan, Assistant District Public Defender, Camden, Tennessee, for the appellee, Donald Ray Smith. Judge: BARKER First Paragraph: In this appeal, we address whether prior inconsistent statements can be used substantively to corroborate a confession when the prior statements are admitted into evidence without objection. We also consider whether the failure of the trial court to instruct the jury as to the limited use of the prior statements constitutes plain error. The Court of Criminal Appeals held that prior inconsistent statements could not be used as substantive evidence and that the failure of the trial court in this case to give a limiting instruction amounted to plain error. For the reasons stated herein, we hold that by not objecting to the admission of the statements, the appellee waived any objection to their use by the jury as substantive evidence to corroborate the appellee's two confessions. http://www.tba.org/tba_files/TSC/smithdr.wpd
RAYMOND HICKS v. WILBERT VAULT COMPANY. Court:TSC - Workers Comp Panel Attorneys: Gregory D. Jordan and Jeffery G. Foster, Jackson, Tennessee, for the appellant, Wilbert Vault Company. George L. Morrison, III, and Mary Dee Allen, Jackson, Tennessee, for the appellee, Raymond Hicks. Judge: TATUM First Paragraph: This is an appeal by the employer, Wilbert Vault Company, from a judgment awarding worker's compensation benefits to the employee, Raymond Hicks, based upon a finding that the employee sustained 40 percent permanent partial disability to the body as a whole. On this appeal, the defendant/employer presents issues alleging that the trial court erred in finding that the plaintiff/employee sustained any permanent disability as a result of the work-related injury and that the award of 40 percent permanent partial disability to the body as whole was excessive and not supported by a preponderance of the evidence. Upon our de novo review, we find that the award should be based upon permanent partial disability of 30 percent to the body and modify the judgment accordingly. http://www.tba.org/tba_files/TSC_WCP/hicksray.wpd
IN RE: THE ESTATE OF TROY P. FLYNN, DECEASED, HAROLD FLYNN, V. JAMES EARNEST ARWOOD, ET AL Court:TCA Attorneys: John K. Harber, Pryor, Flynn, Priest and Harber, Knoxville, for Petitioner-Appellant. Edward L. Summers, Haynes, Meek & Summers, Knoxville, for Respondents-Appellees. Judge: FRANKS First Paragraph: The Trial Court granted proponents of the Will Summary Judgment on the ground there was no evidence of undue influence. Contestant appealed. http://www.tba.org/tba_files/TCA/flynnt.wpd
MORRIS SLUTSKY, et ux v. CITY OF CHATTANOOGA Court:TCA Attorneys: Marvin Berke, Chattanooga, Tennessee, for the appellants, Morris Slutsky and Anetha Slutsky. Michael A. McMahan, Chattanooga, Tennessee, for the appellee, City of Chattanooga. Daniel M. Gass, Knoxville, Tennessee, for the appellee, St. Paul Guardian Insurance Company. Judge: SUSANO First Paragraph: This case arose out of a two-vehicle accident involving an automobile owned by the City of Chattanooga ("the City"). The plaintiffs sued the City for damages arising out of that accident. Process was also served on the plaintiffs' uninsured motorist carrier. The claim against the latter seeks to recover the portion of the plaintiffs' damages that exceed the City's limit of liability under the Governmental Tort Liability Act ("the GTLA"). The trial court granted the insurance company's motion to dismiss, holding that the plaintiffs' suit did not implicate their uninsured motorist coverage. The plaintiffs appeal, arguing that they are entitled to recover under the uninsured motorist coverage of their automobile insurance policy. We affirm. http://www.tba.org/tba_files/TCA/SlutskyM.wpd

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